January 6, 2015Comments Off on Employment – Claim stated for retaliatory discharge under Sarbanes-Oxley Act

A fraud investigator who was discharged after telling her employer’s auditor that she suspected that the company’s chief executive officer and the corporate general counsel violated federal securities regulations has stated a claim for retaliatory discharge in violation of the Sarbanes-Oxley Act.

January 6, 2015Comments Off on Bankruptcy – Trustee cannot get deposit from assigned land purchase agreement

Where a developer paid a good-faith deposit to purchase real estate and then transferred the purchase agreement to another entity that declared bankruptcy shortly after the transfer, the lower courts correctly denied the trustee’s claim to the deposit.

The trial court correctly dismissed plaintiff’s claim against defendants for injuries suffered from an oil-tank explosion. There is no evidence that defendants’ actions or inactions caused the explosion.

“The restrictions on damages recoverable in third-party tort actions involving motor vehicle accidents set forth in MCL 500.3135 of the no-fault act apply to cases permitted by the waiver of governmental immunity provided for in the motor vehicle exception.”